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Bill > H130


MA H130

Relative to bad faith assertions of patent infringement


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to assertions of patent infringement made in bad faith. Consumer Protection and Professional Licensure.

AI Summary

This bill aims to address bad faith assertions of patent infringement. It defines "assertion of patent infringement" as sending a demand letter or making claims alleging that a target has engaged in patent infringement or should obtain a patent license to avoid litigation. The bill outlines factors that a court can consider in determining whether an assertion of patent infringement was made in bad faith, such as the lack of specific information in the demand letter or the unreasonableness of the demanded license fee. The Attorney General is empowered to investigate and bring civil actions against those who make such bad faith assertions, with potential penalties including civil fines and reimbursement of investigation costs. The bill provides certain exceptions, such as for patent owners engaged in good faith business practices or institutions of higher education.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a new draft, see S2432 (on 04/17/2018)

bill text


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